Want to skip straight to checking your own building? Use the RentCheckMe address checker.
Westfield is a suburban borough in Union County, New Jersey, with a population of approximately 30,000 residents. While the town is known for its highly desirable housing market, a meaningful share of residents rent single-family homes, condominiums, and apartment units throughout the borough. Renters in Westfield frequently search for information about eviction protections, security deposit return rules, and their rights when a landlord fails to make repairs.
Unlike many large New Jersey cities, Westfield has not enacted any local rent control ordinance or tenant-protection code beyond what state law requires. That means the primary source of tenant rights in Westfield is New Jersey's comprehensive statewide landlord-tenant framework, including the Truth in Renting Act (N.J.S.A. 46:8-43 et seq.), the Security Deposit Law (N.J.S.A. 46:8-19 et seq.), the Anti-Eviction Act (N.J.S.A. 2A:18-61.1 et seq.), and the Hotel and Multiple Dwelling Law (N.J.S.A. 55:13A-1 et seq.) where applicable.
This article summarizes the statutes most relevant to Westfield renters. It is provided for informational purposes only and does not constitute legal advice. If you face an eviction, lease dispute, or habitability problem, consult a licensed New Jersey attorney or contact a legal aid organization for guidance specific to your situation.
Westfield has no rent control ordinance. New Jersey's Rent Control Law (N.J.S.A. 2A:42-1 et seq.) does not impose statewide rent control; instead, it authorizes individual municipalities to adopt their own rent-leveling or rent-stabilization ordinances. Westfield has not done so, which means landlords in the borough are free to set and increase rents at whatever level the market allows, subject only to the terms of an existing lease.
In practical terms, this means: during the term of a fixed lease, your landlord cannot raise your rent unless the lease explicitly allows it. Once a lease expires and converts to month-to-month, or when a new lease is offered, your landlord may charge any rent amount they choose. There is no cap on the size of a rent increase in Westfield, and no requirement that a landlord justify or register a rent increase with any municipal board.
However, a landlord cannot raise rent in retaliation for a tenant exercising a legal right (such as complaining about habitability), as that would violate New Jersey's anti-retaliation statute, N.J.S.A. 2A:42-10.10. Additionally, a rent increase that is so extreme as to constitute a constructive eviction could still give rise to legal claims under the Anti-Eviction Act, N.J.S.A. 2A:18-61.1.
New Jersey's landlord-tenant statutes provide Westfield renters with substantial protections across several areas:
Warranty of Habitability (N.J.S.A. 2A:42-10.16; common law): Every residential rental in New Jersey carries an implied warranty of habitability. Landlords must maintain rental units in a livable condition — including functioning heat, plumbing, electricity, and structural integrity. If a landlord fails to make necessary repairs, tenants may have remedies including rent withholding and rent-reduction actions through the courts.
Security Deposit Law (N.J.S.A. 46:8-19 through 46:8-26): Landlords may collect a security deposit of no more than one and one-half months' rent. The deposit must be placed in a separate interest-bearing account at a New Jersey financial institution, and tenants must be notified of the bank, branch, and account number within 30 days of receiving the deposit. Interest earned belongs to the tenant and must be applied annually or at lease termination.
Anti-Retaliation Law (N.J.S.A. 2A:42-10.10 through 2A:42-10.14): A landlord may not raise rent, reduce services, or seek to evict a tenant in retaliation for: reporting housing code violations; complaining about habitability to a government agency; or organizing with other tenants. A court will presume retaliation if adverse action follows within 90 days of a protected activity.
Lockout & Utility Shutoff Prohibition (N.J.S.A. 2A:39-1 et seq.; N.J.S.A. 2A:18-61.1): Self-help eviction is illegal in New Jersey. A landlord may not physically lock out a tenant, remove their belongings, or shut off utilities to force them to leave. Only a court order and a licensed officer of the court may remove a tenant.
Notice Requirements (N.J.S.A. 2A:18-56): For month-to-month tenancies, either party must give at least one full rental period's written notice to terminate. For tenancies of at least one year, landlords must provide at least one month's written notice before the end of the rental term.
Truth in Renting Act (N.J.S.A. 46:8-43 et seq.): Landlords of buildings with two or more rental units must provide each tenant with a copy of the State of New Jersey's official Truth in Renting statement at lease signing, summarizing their rights.
New Jersey's Security Deposit Law, N.J.S.A. 46:8-19 through 46:8-26, governs all aspects of security deposits for Westfield renters:
Cap: The initial security deposit cannot exceed one and one-half months' rent (N.J.S.A. 46:8-21.2). Annual increases to the deposit are capped at 10% of the prior deposit if the rent increases.
Banking requirement: Landlords must deposit funds in a separate, interest-bearing account at a New Jersey-chartered bank, savings institution, or credit union within 30 days of receipt. The landlord must notify the tenant in writing of the institution name, branch address, and account number within 30 days (N.J.S.A. 46:8-19).
Interest: The tenant is entitled to interest accrued on the deposit. Landlords must either apply the interest annually to rent or pay it directly to the tenant once a year (N.J.S.A. 46:8-19).
Return deadline: Within 30 days after the tenant vacates and provides a forwarding address — or within 15 days after the landlord receives the forwarding address, whichever is later — the landlord must return the deposit with interest, less any lawful deductions, along with an itemized written statement of any deductions (N.J.S.A. 46:8-21.1).
Penalty for non-compliance: If the landlord fails to return the deposit or provide an itemized statement within the required time, the tenant may sue for double (2x) the amount of the deposit wrongfully withheld, plus court costs and reasonable attorney's fees (N.J.S.A. 46:8-21.1). Courts have interpreted this provision strictly in tenants' favor.
Permissible deductions: Deductions are limited to unpaid rent and damages beyond normal wear and tear. Landlords may not deduct for ordinary wear and tear, pre-existing damage, or general cleaning if the unit was returned in reasonably clean condition.
In New Jersey, a landlord cannot remove a residential tenant without a court order. The process is governed by the Anti-Eviction Act (N.J.S.A. 2A:18-61.1 et seq.) and the Summary Dispossess Act (N.J.S.A. 2A:18-53 et seq.).
Just Cause Required (N.J.S.A. 2A:18-61.1): A landlord must have a legally recognized reason to evict a residential tenant in New Jersey. Acceptable grounds include: nonpayment of rent; habitual late payment; disorderly conduct; willful damage to the property; violation of a substantial lease term (with proper notice and opportunity to cure); conviction of certain crimes on the premises; and owner or immediate family member move-in (subject to additional notice requirements). A landlord cannot evict a tenant simply because the lease has expired or the landlord wants the unit back for no specific cause.
Notice to Quit: Before filing in court, the landlord must serve a written notice to quit or cure the violation. The required notice period varies by grounds: nonpayment of rent requires a 3-business-day Notice to Quit (N.J.S.A. 2A:18-61.2); lease violations require a minimum 1-month notice with an opportunity to cure for a first offense; and month-to-month tenancy terminations require at least one full rental period's notice (N.J.S.A. 2A:18-56).
Filing & Hearing: After the notice period expires without cure, the landlord may file a Summary Dispossess complaint in the Special Civil Part of the Superior Court in Union County. A hearing is typically scheduled within a few weeks. Both parties may present evidence and witnesses.
Judgment & Lockout: If the court rules for the landlord, a Judgment for Possession is entered. The tenant then has a brief window — typically three days — before a Warrant for Removal may be issued. Only a court officer (Special Civil Part Officer) may physically remove the tenant; the landlord has no right to remove the tenant personally.
Self-Help Eviction Prohibited: Changing locks, removing doors or windows, shutting off heat or electricity, or removing the tenant's belongings without a court order is illegal under New Jersey law and can expose the landlord to civil liability. If a landlord attempts a self-help eviction, tenants should contact law enforcement and consult legal aid immediately.
Hardship Stay (N.J.S.A. 2A:42-10.1): In cases not involving nonpayment of rent, a court may grant a tenant up to six months' additional time to vacate upon a finding of hardship, provided the tenant has paid rent and no nuisance exists.
This article is provided for general informational purposes only and does not constitute legal advice. The information on this page reflects New Jersey landlord-tenant law as understood in April 2026 and may not reflect subsequent changes to statutes, regulations, or local ordinances. Laws and their interpretations can change, and individual circumstances vary significantly. Westfield renters with specific legal questions or who face eviction, lease disputes, or habitability problems should consult a licensed New Jersey attorney or contact a qualified legal aid organization for advice tailored to their situation. RentCheckMe does not represent or warrant the accuracy, completeness, or current applicability of any information presented here.
Find out if your home is covered by rent control or tenant protections.
Use the Address Checker →We'll email you if the rent cap, coverage rules, or tenant protections change — no spam, unsubscribe any time.